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Posts Tagged ‘Arrogance’

Fritz Clapp Letter to H-D

It takes muscle to avoid.  Not strained, forced muscle; but strength that’s supple, agile, free-flowing: that’s the tone of a healthy brand.

Yet, Harley-Davidson is using all its muscle and threatening people… all disguised as protecting brand equity.  It can only lead to more legal costs and is often the case, bad press.

So what’s the background?  It seems that H-D is fresh off a boot butt kicking contest with the Marlon Brando estate — Brando Enterprises LP — along with Wolverine Worldwide Inc., and agreed to settle a suit over the unlicensed use of the Brando name on a Harley-branded boot that resembled the ones Brando wore when he played Johnny Strabler in the 1953 movie “The Wild One.”  That whole gig had to have cost the company some pocket change just to run it through the court system process only to get to the point of where all parties mutually decided to “agree” that there wasn’t any infringement.

It’s no secret, the motor company has an extensive licensing business, and last year it generated $43.2M selling the rights to use its name on products ranging from jewelry to cake decorations.

Not satisfied with their “boot win” the trademark bloodhounds at H-D decided that a 6-week old forum web site called HarleySpace.com was threatening one of the world’s most recognized brands and told the owner to “cease and desist” using the name because it’s a trademark infringement.  Huh?  Doesn’t this show just how far they’ll go in pursuing the exclusivity of a famous trademark?

In my view this has the markings of a Susan G. Komen for the cure public relations fiasco written all over it.

Mr. Fritz Clapp

The owner of the site, James Coulbourne did what most of us would do and hired an attorney.  Not just any lawyer, but Fritz Clapp, who is most often known for representing the Hells Angels Motorcycle Club (HAMC) in intellectual property cases and goes by the name “lawyer from Hell” on his website.  Having sued the Walt Disney Co., Marvel Comics, and the late fashion designer Alexander McQueen to protect the HAMC name, Mr. Clapp knows a little bit about trademark law/infringement and enthusiastically took on the case at no charge!

If you do a Google search you’ll find that there are many, many other motorcycle blogs and social media sites with the name Harley in them.  They are clearly noncommercial and are easily and immediately distinguishable from the commercial merchandise offered and sold bearing the Harley brand.  So what’s their beef?  It seems that Mr. Coulbourne sent emails to Harley-Davidson dealerships promoting his 6-week-old website and that sent the trademark boys over the abyss. 

As educated consumers we know that great brands have a core clarity to them.  Enthusiasm spreads the message.  It also unburdens the company from having to force-feed passion for the brand and they should no longer be focused on convincing. Instead, their goal should be revealing. Others testify to H-D attributes and for this to happen, they need to give up some control because the core H-D brand identity is firmly in hand.

UPDATE: April 25, 2012 – Last week (April 20th), Mr. Coulbourne changed the name of his biker social-networking site from HarleySpace.com to IronRides.com. 

Photo courtesy of Fritz Clapp, IP Magazine and James Coulbourne.

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DPSST Admin Building

Earlier this week I attended a day-long training session at the Oregon Public Safety Academy (DPSST) about Deadly Force used in making an arrest.

It took some persistence, but I was able to convince the Department of Public Safety that independent bloggers DO have a community voice and should be included along with “mainstream” media. To that end I was afforded the opportunity to fully participate in the Salem event and want to provide a major shout-out to Cmdr. Cameron Campbell and PIO and OSP Trooper Lt. Gregg Hastings!

So why was I there and what’s the 411?

You may recall last month’s fatal shooting of Aaron M. Campbell by a Portland police officer which sparked intense scrutiny on the use of deadly force.  The 25-year-old African-American was shot and killed by a white police officer after he emerged from a Northeast Portland apartment where officers had been called to perform a welfare check on a suicidal, armed man.  The shooting prompted national attention, including public protests and marches by members of the Albina Ministerial Alliance, and a high profile drive-by visit to Portland by none other than the infamous Rev. Jesse Jackson.  I’m not going to cover all the details and anyone who wants to have an opinion about this police shooting really needs to read the nearly 500 pages of grand jury transcripts.  Or if you prefer The Oregonian can provide summary information HERE.

DPSST Admin Building (Back)

The law enforcement agencies were quick to realize that when a police officer shoots an unarmed person because the officer fears for her/his life – this is a huge contributor to the tension and distrust that the public might feel on the streets – so it prompted the Oregon Police Trainers to offer the media some unique training to learn about the realities in use-of-force incidents.  Basically in 8 hours we received what police officers receive during the 16 week training program.

Not surprisingly, a recent CNN/Opinion Research Corp survey found that 56% of Americans think the government has become so large and powerful that it poses an immediate threat to their rights and freedoms.  And with that, in some communities, there is a deep-seated distrust of police and a fear that interaction with them has the potential to turn violent.

Yes, I’m white and feel that police are here to protect me and work for me.  I can’t represent or fully appreciate through a racial lens what African-American people feel.  I can say that as a motorcycle enthusiast I’ve experienced law enforcement arrogance that allows an armed professional to be held less responsible than a typical citizen to control motorcyclists or rally crowds and make them stay “in their place.”  That mentality comes from people who believe that their time is more valuable than ours. It comes from an arrogance that says that our actions are supposed to make their lives easier, not the other way around.

Then I spent two hours in a class room with Lorraine Anglemier (Deputy DA and Judge) getting a comprehensive overview on the use of force and Oregon statues and my views started to evolve.  The conversation went well beyond typical discussions of force continuums or matrixes.  The focus was on how the use of force must be understood in a comprehensive manner to ensure proper force decision making.  She covered statutory authority and limits, State and federal case law, prevention and tactical consideration.  We were reminded of the Bill of Rights and the 4th Amendment along with the Oregon equivalent (Article 1, Section 9).  Then came State v. Bates, 304 OR519 (1987) followed by Graham v. Connor, 490 U.S. 386 (1989) and how excessive force is analyzed (deadly or not) under the 4th Amendment’s “objective reasonableness” standard.  Then we dissected the “Graham Factors” and whether the totality of circumstances justifies a particular sort of action.  Yeah, it was heady stuff and as a person who has trouble with a motorcycle rental agreement this had my head severely spinning.

After another 30 minute presentation by Capt. Raymond Rau on the physical effects of being in a high-stress situation and the traumatic effects of being involved in a shooting I made my way down to the “Tactical Village” … I’m fitted with face protection, a bullet proof vest, holster, a Glock firearm and extra clips/bullets (paint balls) to undertake my urban training scenario’s … I kept replaying what Ms. Angelmier stated… the standard “reasonableness at the moment” applies not with 20/20 hindsight in my head.

This is a multi-post article… Part 2 HERE on Tactical Village.

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NO thanks!  It’s a reference to Oregon Gov. Ted Kulongoski and the rift between the average Joe and state legislators which is now as wide as the Grand Canyon.

I woke up this morning disappointed, even a little discouraged and a whole butt load of resentment.

Why?  Well you see Multnomah county determined the future of the entire state by overtly influencing the outcome of Measure 66 and 67 which increases Oregon’s personal income tax rate and corporate taxes.  Sure the passage effects only the so-called  “high income” earners… it really should have been called the lets tax the “other guy” campaign.  But does anyone truly think for a second legislators will stop there?  NO! It will be only minutes before they start to whine about the next tax increase and the need to “save the children” and then it will be about going after the “kicker” law that rebates revenue surpluses.  And if you’re a betting person, there is money to be made if you bet on legislators who will silently work to LOWER the income bar on Measure 66 until all of us working at McD’s is considered to be a “high earner.”

Clearly the thing we will never hear from Salem is how they are making budget cuts like the rest of us in the state who are trying to survive salary reductions, layoffs and the recession.  It’s their ego and ARROGANCE which fuels my resentment.  These “tax and spend” legislators know only how to spend or make commitments to raise taxes.  Now they believe they’ve been given a mandate to raise taxes everywhere with Measure 66 passing.  They are ecstatic and will stop at nothing to satisfy their uncontrollable spending desires.

And if the lack of humility and blind arrogance wasn’t enough – the most egregious action by the people we put in office to represent us — our legislators — was making the Measure 66 tax increase retroactive to January 2009.  SURPRISE — A lot of people woke up this morning delinquent and owing back taxes to the state!  Get your check book ready.  In a state where 1-in-5 people can’t find work.  A state where 650,000 people are on food stamps.  Where there is record school-aged poverty and record mortgage defaults.  Yep, it takes a big EGO to submit tax increase legislation for all small businesses who create the jobs and increase the tax on the people who will invest in the state and then believe you are immune to any ramifications.

I previously posted that this tax increase will be the tipping point and likely shutter several motorcycle shops in the area. I hope I’m wrong.  All I can say is hang on.  For me?  In a word — Vancouver, WA. — it will likely be where my next home is located.

For the legislators?  I plan to set up the Taxation Addicts Anonymous outreach program.  Because after the next round of elections I anticipate there will be a large number of recovering addicts.

Photo courtesy of Ian Bradshaw

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